author image

Richie Billing

Richie Billing is an expert in personal injury law. Having graduated from the internationally-respected School of Law at the University of Leeds, he worked for top national law firm Weightmans before moving into a role as a personal injury lawyer. He writes extensively on legal matters and can be found in leading publications like the Solicitors Journal.

Top Tips For Claiming For An Injury In The Workplace

In this guide, we will discuss the steps you could take following an injury in the workplace. We will explore the main piece of legislation outlining the duty of care that every employer owes to their employees. If your employer breaches the duty of care owed to you, it could lead to you sustaining injuries. This is the definition of negligence for which you could be eligible to make a personal injury claim.   

Injury In The Workplace

Injury In The Workplace Compensation Claims Guide

Continue reading this guide for top tips on making an accident at work claim. We will explain the steps that could be taken to support a claim, such as gathering evidence of employer negligence. Also, we will explore what it means to work with a solicitor under a No Win No Fee agreement.

You could also speak to a member of our team to receive free legal advice regarding your potential claim. They can offer insight into your eligibility to pursue compensation. Get in touch at a time that best suits you, as our advisors are available 24/7.

To do this, you can:

Jump To A Section

  1. When Are You Eligible To Claim For An Injury In The Workplace?
  2. Top Tips For Claiming For An Injury In The Workplace
  3. What Compensation Could You Get From A Workplace Accident Claim?
  4. Make A Work Injury Claim Using Our Panel Of No Win No Fee Solicitors
  5. Learn More About Claiming Due To Employer Negligence

When Are You Eligible To Claim For An Injury In The Workplace?

The Health and Safety at Work etc. Act 1974 (HASAWA) outlines employer duty of care. This means that all employers must carry out reasonably practicable steps to ensure the safety of their employees. This can involve performing risk assessments in the workplace and providing employees with the correct level of training. 

If you have sustained a workplace injury, there is a criteria of eligibility your case must meet to make a personal injury claim. This is as follows:

  • Your employer owed you a duty of care at the location and time that the accident took place
  • They breached this duty of care
  • This breach resulted in you sustaining injuries. These could be physical, psychological or both simultaneously. 

This is the definition of employer negligence. If you have sustained an injury in the workplace due to your employer breaching the duty of care they owe to you, please speak to our advisors to learn whether you could have valid grounds to make a claim.

Top Tips For Claiming For An Injury At The Workplace

Following an accident in the workplace in which you have sustained injuries, it is important to first seek relevant medical care. Then, if you meet the eligibility criteria to bring forward a personal injury claim and want to seek compensation, it is important that you gather evidence of the negligence. You could obtain:

  • CCTV footage of the accident
  • A diary that you have kept detailing your treatment and symptoms
  • Copies of your medical records
  • Photographs of any physical injuries and the scene of the accident
  • The accident at work book
  • Contact details of any witnesses

To further discuss the steps you could take following an injury in the workplace, contact our team of advisors.

Is There A Work Injury Claim Time Limit?

You may wonder, ‘how long do I have to claim after an accident at work?‘. The time limit to begin a personal injury claim is generally three years from the date of the accident. This is outlined in the Limitation Act 1980.

However, there can be exceptions to these time limits under certain circumstances. To learn more about these exceptions in connection to your claim, speak to one of our advisors.

What Compensation Could You Get From A Workplace Accident Claim?

The compensation awarded for a successful accident at work claim can consist of up to two heads. The first of these heads is known as general damages. General damages compensates for the physical and psychological pain and suffering caused by your injuries. 

Legal professionals, such as personal injury solicitors, can use the Judicial College Guidelines (JCG) to aid them in valuing the general damages head of a claim. We have also referred to this document when creating the table below. These figures are a guide and not a guarantee of the award you will receive for a successful claim.

InjurySeverityNotesCompensation Bracket Guidelines
Brain Damage(b) Moderately SevereThe person will need constant care and will be substantially dependant on others. They will be very seriously disabled.£219,070 to £282,010
Arm Amputation(b)(iii) The Loss of One ArmAmputation of the arm below the elbow. £96,160 to £109,650
Arm Injuries (c) Less SevereThere will have been significant disabilities, however, a substantial degree of recovery will be expected or will have already taken place.£19,200 to £39,170
Hand Injuries(g) Less SeriousThis bracket can include a severe crush injury resulting in significantly impaired function with no future surgery or despite operative treatment already undergone.£14,450 to £29,000
Ankle Injuries(c) ModerateInjuries including fractures and ligamentous tears that give rise to disabilities of a less serious nature, such as difficulty with walking on uneven ground, walking for long periods of time, and residual scarring.£13,740 to £26,590
Knee Injuries (b)(i) ModerateInjuries that involve dislocation, torn cartilage or meniscus leading to minor instability, weakness or other mild future disability.£14,840 to £26,190

Special damages

The second head of claim is special damages, under which you could be compensated for both past and future financial losses suffered as a result of your workplace injuries. Some examples of the losses you could be reimbursed for are:

  • Travel cost 
  • Care costs 
  • Loss of income

It is important to note that you must keep evidence of these losses to support your personal injury claim, such as payslips, travel tickets and invoices.

Please contact our advisors if you would like an estimate of the compensation you could be eligible to receive based on the details of your claim.

Make A Work Injury Claim Using Our Panel Of No Win No Fee Solicitors 

You could choose to use a No Win No Fee solicitor when making a compensation claim for an injury in the workplace. They could offer to work on your case under a Conditional Fee Agreement (CFA). This is a kind of No Win No Fee arrangement, which means you won’t have to pay for the services provided by your solicitor upfront, or for the duration of your ongoing accident at work claim. What’s more, if your claim is unsuccessful, you generally won’t make any payments for the services provided by your solicitor. 

On the other hand, if your claim is successful, your solicitor can deduct a small percentage from the compensation. This is called a ‘success fee’, which is capped by law. You and your solicitor will discuss this before you enter the agreement.

Our advisors can assess your case at no cost. Should they find that you may have valid grounds to claim compensation for an injury in the workplace, they could put you in contact with one of the No Win No Fee solicitors from our panel.

To get in touch, you can:

Learn More About Claiming Due To Employer Negligence

Below we will provide links to more informative guides from our website:

Also, explore these external sources for further support and information:

Thank you for reading this guide on when you could be eligible to pursue compensation for an injury in the workplace. Contact our advisors to discuss your potential personal injury claim using the details provided above.